Hello
We have a shop in a Co-op Housing Society,which we wanted to sell and have found a buyer for the same
The shop was co-owned by my Mother and Father(With Mother as "first person" i.e her name comes first in the agreement)
Problem is,My dad passed away approx 2 years ago,now we needed to transfer the ownership to my Mom(who along with me are his legal heirs,i am a minor.),for which we need to make an "affidavit" or something,
2 different lawyers and our Society Secretary are saying different things about affidavit which is very confusing
Lawyer "A" says
that we need to file documents to the court which we will get in 3-6 months and after paying the court fee of around Rs.70,000 and some other charge of Rs35,000 and it can take more than 6 months,there is no guarantee
i doubt the buyer will wait for so long and we are not in good financial condition so we cant afford 1 lac worth of charges
Lawyer "B"
says that we can get the affidavit in 1 month but it will take Rs.50,000
Again we can't afford so much
Society Sectreary says
that a notice will be posted on the shop and newspapers for 30 days for any objections or whatever,after which ownership will be transfered to my Mom
which seems similar to this https://www.diehardindian.com/egov/chs.php
Procedure where no Nomination is done by member in society
- Bye law No. 35 provides that where a member of the society dies without making a nomination or no nomination comes forward for transfer, the society after knowing this shall display such a notice in the prescribed form exhibited on the notice board of the society. It shall also publish such notice in at least two local news papers having wide circulation, inviting claims regarding property or objections of deceased member through this notice.
- The Managing Committee by considering the claims received after the notice should select the legitimate representative of the deceased member as per provisions of the bye laws No. 17(a) and 19. Provided that he gives indemnity bond along with his application for membership in the prescribed form indemnifying the society against any claims made to the share and interest of the deceased member in the capital property of the society at any time in future by any person above taking and the society could approve the membership.
- If there is not one such person and there are more than one person then such nominees shall make a joint application to the society. Society should give first person membership and to others co-membership. Such person should not be owner by this transfer. He should be a trustee. The society should make aware of this fact to them.
- Society should also make aware to them that legal heirship certificate from the competent court regarding ownership of the property is essential.
- However, if there is no consensus among the person came forward after this notice the society can inform to all such members claiming heirship that they should bring legal heirship certificate from the competent legal machinery and then only membership will be transferred.
Who is right and who is wrong,we dont want to be cheated
Please advice
